Co-parent has been found in contempt of court and lost primary physical custody and sole legal custody of very young child for violating custody order and mostly for severely denying visitation. Immediately after, went right back to denying visitation. What can I do? What should I be requesting In... Read more »
The only available remedies for contempt are imprisonment (for a period of up to 1 year), a fine (of up to $1500), and/or community service. However, in determining whether a parent should have custody of a child, the Family Court often considers whether each parent has complied with court orders,... Read more »
I need an affordable attorney that has experience dealing with and winning cases with DSS involvement. I need to know exactly what my rights and options are.
You can ask any attorney you consult with about how much experience they have defending DSS cases.
I live in a toxic household with my grandmother. My dad kicked me out 2 years ago. I really want to live with my mom. I have been asking since i was 14 ,but my father and grandmother told me know because they don't like my mother. My mother has no reason for why I can't live with her she... Read more »
In SC, in order to be able to make this decision on your own you would need to be 18 or older. However, if 18 is pretty far away, you could always speak with you mom about requesting custody of you through the family court.
i live in sc with my boyfriend and my parents house he keeps telling me he wants to take are son back to pa with out me what are my legal choices how can i prevent him from doing this
If the two of you are not married, it is likely that the father of your son has no legal rights to your 2 month old and cannot take him to PA without your consent.
The Custody is joint switching on Fridays and I (Father) have primary placement. This wouldn't be a problem but the mother tends to be harassing me about whatever petty detail she can. And I feel like she is trying to turn my children against me.
Typically, South Carolina court orders for joint custody include provisions detailing each parent's rights to communicate with the child while he/she is in the care of the other parent. If you are not sure how to interpret the terms of your Order, the best course of action is to schedule a... Read more »
…after abuse by their parents. What kin rights do my husband and I have and what is the process for gaining custody?
This is a family law question, not immigration. Your immigration status may of some importance in the custody matter but that is something the family law attorney needs to address. Best wishes!
He was born addicted to cocaine. Dss placed him with his aunt . I am not a blood relative. But my kids are. So dss placed him with her but I have him 6 nights a week and she has him 1. When thwy went to court back in Jan, his guardian ad litem asked the judge to place him with me. But instead they... Read more »
Under South Carolina law, when children are removed from a home, there is an order of preference for where the children should be placed (with family or not). If you wish to seek custody of this child, you should seek the advice of a lawyer experienced with DSS cases and third-party custody claims.
Father not paying child support or rarely see his child. Father residence is in Georgia
In South Carolina, when a child is born to unmarried parents, the mother is the child's sole custodian. Paternity and child support can be established through the DSS child support process. Information on how to apply for child support through DSS is available here:... Read more »
What are the risks ? Can I ask for child support and alimony? There’s a new girlfriend in the picture who he’s planning to marry in the future since she’s a citizen. We have a business and properties together. If I can’t file for divorce what options do I have? Thank you!
The fact that you are undocumented should have no bearing on your ability to get divorced. The fact that your marriage is common law might have some bearing on your ability to get a divorce, but that is a question for an attorney with family law experience in your state.
She's been Living with us for over 5 Years. She has not supported her financially at all. Not involved in school, doctors or anything important to the the child's well being. I have been more her mother then her biological one. Can she do really just do that? She has never been stable... Read more »
You will need to contact a Family Court attorney in your area. This is a very complicated area of the law and really depends on what the current custody agreement/order says. If she is violating a custody order there is an enforcement mechanism that may be of assistance.
I'm prescribed Adderall and have been in a treatment program for many years during which all my drug screens have always came back clean. I have documentation of this as well. They have put my child in my soon to be ex's care who will not allow me to see her. The same situation happened... Read more »
What you haven't mentioned is if you've provided a statement from your doctor confirming that you are prescribed for Adderall.
Notarized, this was not done through the court system at all, my son has been living with me since 2014 i asked them multiple times to sign him back over but they never would now that i have chosen to move out of state the have decided to pull the temporary customer agreement back out an say that i... Read more »
Although your question doesn't state where the agreement was entered into, I assume that it was done in South Carolina. Because your agreement was never court approved, it is not enforceable as a custody order. It would merely convey to your parents the authority to obtain medical care for... Read more »
Do I need to go back to court or is she old enough to decide?
Your previous Court Order controls. Changing court-ordered custody and visitation first requires a showing of a substantial and material change in circumstances followed by a best interest of the child analysis. It is complicated and you will very likely need an attorney.
I would start by... Read more »
Want to adopt but I no longer agree. What can happen if she tries and I object and when can I request a change of custody
If there is a substantial change in circumstance you can always request a change in custody. It would be a good idea to reach out to a family law attorney in your area that can advise you on the best course of action. If you are served with any paperwork regarding the child you need to make sure to... Read more »
Found out ex wife has been living in home with my son for over a year with no electricity or hot water, their was no custody agreement in place so I got my son out of that situation put him with me and enrolled him in school at the beginning of February and got him a drs appointment done, check up... Read more »
You need to reach out to an attorney in the county where the temporary hearing is scheduled immediately so that they can be ready for a hearing next week!
I recently got a drug charge and DSS is involved I havent gone to court for it yet and I havent gotten any papers from DSS regarding anything. My daughter had a school performance and it was in the school gym
Absent a court order or voluntary safety plan in place you can go to a public performance at your child’s school.
My biological dad's rights were terminated when I was 4 due to physically and sexually abusing me and my mother. I am now 16 and have been living with my mom and stepdad since I was 5. I'm trying to get adopted by my stepdad but am not sure if I need my birth father's consent, as he... Read more »
Since you are under the age of 18 your mother and stepfather would have to file to do all of this. Assuming your biological father’s parental rights have been terminated you would not need his consent either for adoption or for a name change. I would recommend you reach out to an attorney near... Read more »
I have a bachelor's in Education and Psychology, and a master's in Counseling and Coaching. I am currently working with a residential non profit who provides housing and education for sex trafficking survivors. I would like to work with this population as a Guardian ad Litem.
Check out this website: https://www.scbar.org/public/get-legal-help/common-legal-topics/guardian-ad-litem/
I went to court in Anderson county October 25th, 2018. Custody was granted to the paternal grandparents. I have completed everything necessary to have custody returned to me. I am in desperate need of getting a new court date.
You would have to file a new case seeking custody of your children to get them back. I suggest you get a consultation with a lawyer to review the prior court order and to discuss whether you have sufficient change in circumstances to file for return of custody.
If a Guardian Ad Litem does not provide the documents requested from one party that the other party gave to her? What violation does that fall under? Especially if the other party requesting gave all their documents that the other party did in fact receive. Does the Guardian Ad Litem have to... Read more »
A Guardian does not have to turn over documents unless issued a subpoena. The GAL code sections are 63-3-810 to 63-3-870.
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